S.I. No. 755/2007 - European Communities (Restrictive Measures) (Somalia) Regulations 2007


S.I. No. 755 of 2007

EUROPEAN COMMUNITIES (RESTRICTIVE MEASURES) (SOMALIA) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th November, 2007.

I, MICHEÁL MARTIN, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Regulation (EC) No. 147/2003 of 27 January 2003 1 , as amended by Council Regulation (EC) No. 631/2007 of 7 June 2007 2 , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Restrictive Measures) (Somalia) Regulations 2007.

2. In these Regulations “Council Regulation” means Council Regulation (EC) No. 147/2003 of 27 January 20031, as amended by Council Regulation (EC) No. 631/2007 of 7 June 2007 2 .

3. A person who contravenes Article 1 or 2 of the Council Regulation is guilty of an offence.

4. A person who does anything specified in Article 2a of the Council Regulation otherwise than in accordance with an authorisation under that Article is guilty of an offence.

5. A person who is guilty of an offence under these Regulations is liable—

(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years or both.

6. Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or any other person who was acting or purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

7. An offence under these Regulations may be prosecuted by the Minister for Enterprise, Trade and Employment.

8. The European Communities (Restrictive Measures) (Somalia) Regulations 2003 ( S.I. No. 67 of 2003 ) are revoked.

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GIVEN under my Official Seal,

13 November 2007

MICHEÁL MARTIN.

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

The effect of this Order is to provide for penalties for infringements of Council Regulation (EC) No. 147/2003, as amended by Council Regulation (EC) No. 631/2007, which introduced a ban on the sale, supply or transfer of technical advice, assistance or training and the provision of finance and financial assistance relating to military activities in respect of Somalia. The Order also revokes European Communities (Restrictive Measures) (Somalia) Regulations 2003 ( S.I. No. 67 of 2003 ).

1 OJ No. L24, 29.01.2003, p.2.

2 OJ No. L146, 08.06.2007, p.1.